Export Control Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 5th February 2002, as follows—
Clauses 1 to 4
Clause 6
Clause 9
Clause 5 | Clauses 7 and 8
Clauses 10 to 15
Schedule |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 1 | Page 1, line 2, after "order" insert ", after consultation with the relevant industrial organisations," |
| | THE BARONESS ANELAY OF ST JOHNS |
| 2 | Page 1, line 2, after "order" insert ", after consultation with the relevant cultural organisations," |
| 3 | Page 1, line 3, at end insert ", subject to the provisions of paragraph 8 of the Schedule" |
| 4 | Page 1, line 6, at end insert "and may mean the prohibition or regulation of their loan to a person, company or institution located outside the United Kingdom" |
| 5 | Page 1, line 17, at end insert "and whether or not they form the whole or part of an object of cultural interest" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 6 | Page 2, line 16, at end insert "; or |
| ( ) | by a United Kingdom person onto internet, intranet or extranet, or similar information sharing equipment, whereby the technology may be downloaded outside the United Kingdom." |
| | THE BARONESS ANELAY OF ST JOHNS |
| 7 | Page 2, line 18, at end insert— |
| "( ) | For the avoidance of doubt, the uses to which technology may be put may include its display as part of, or as the whole of, an object of cultural interest." |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 8 | Page 2, line 24, after second "transfer" insert ", other than within a company or group," |
| | THE BARONESS ANELAY OF ST JOHNS |
| 9 | Page 2, line 29, after "is" insert "integral to an object of cultural interest or is" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 10 | Page 2, line 31, leave out paragraph (b) |
| | THE BARONESS ANELAY OF ST JOHNS |
| 11 | Page 2, line 32, at end insert— |
| "(c) | the display of an object of cultural interest" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 12 | Page 2, line 35, at end insert "or foreign military assistance or assistance with any serious criminal activity anywhere" |
| | THE BARONESS ANELAY OF ST JOHNS |
| 13 | Page 2, line 42, at end insert "display whether for public or private enjoyment," |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 14 | Page 3, line 19, after "a" insert "United Kingdom" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 15 | Page 3, line 23, leave out "in relation to goods" and insert "and technological assistance controls in relation to goods and technical assistance" |
| 16 | Page 3, line 24, leave out "this purpose" and insert "the purposes of subsection (1)" |
| 17 | Page 3, line 29, at end insert— |
| "( ) | For the purposes of subsection (1), "technical assistance" in relation to any technical services means the prohibition or regulation of— |
| (a) | their acquisition or disposal; |
| (c) | activities which facilitate or are otherwise connected with their acquisition, disposal, transfer or supply." |
| | THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF MANCHESTER |
| 18 | Page 4, line 13, leave out "may" and insert "shall" |
| | THE LORD RAZZALL
THE LORD REDESDALE
THE BARONESS WARNOCK |
| 19 | Insert the following new Clause— |
| | "Control of licensed production of goods overseas |
| (1) | The Secretary of State may by order make provision for, or in connection with, the imposition of controls regulating the licensed production of controlled goods overseas. |
| (2) | In this section "licensed production" means production under commercial licence from a United Kingdom person, United Kingdom company or company based in the United Kingdom of that entity's proprietary controlled goods or technology. |
| (3) | An order under this section may make provision in connection with any controls that may be imposed by a directly applicable Community provision on licensed production agreements. |
| (4) | Controls shall be imposed under this section on acts done outside the United Kingdom, but only if they are done by a person who is, or is acting under the control of, a United Kingdom person, United Kingdom company, or company based in the United Kingdom." |
| | THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF MANCHESTER
THE BARONESS WARNOCK |
| 20 | Insert the following new Clause— |
| | "End-use monitoring controls |
| (1) | The Secretary of State may by order require that, for any activities in relation to which controls are capable of being imposed by an order under section 1, 2, 3 or 4, provision shall be made for follow-up monitoring of the use made of the goods exported, the technology transferred, the technical assistance provided or the goods traded. |
| (2) | In this section "follow-up monitoring" means the undertaking of activities designed to verify that the use to which the goods, technology or technical assistance are put, and the identity of the end-users of the goods, technology or technical assistance, are consistent with the obligations stipulated in the relevant licence or end-use documentation. |
| (3) | In subsection (2) "activities" may include, but not be limited to, physical inspection of the designated goods or technology within the territory of the state, or the jurisdiction of the end-user stipulated in the relevant licence or end-use documentation." |
| | THE LORD PHILLIPS OF SUDBURY
THE LORD REDESDALE |
| 21 | Page 4, line 40, at end insert— |
| "( ) | for the revocation of any licence granted under the control powers in paragraph (a) for the export of goods, the transfer of technology, the provision of technical assistance or the trade in controlled goods if the exportation, transfer, provision or trade subsequently results in any of the consequences referred to in the Table in paragraph 7 of the Schedule or if there is a failure on the part of any of the co-parties to honour their contractual obligations;" |
| | THE BARONESS ANELAY OF ST JOHNS |
| 22 | Page 4, line 42, at end insert "for a period of three years after the granting of a licence" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 23 | Page 5, line 3, at end insert ", but such disclosure shall not be permitted except insofar as is necessary in order to monitor or enforce compliance with the order or any licence granted under it, and shall only be permitted on condition that the recipient shall treat such material as confidential" |
| 24 | Page 5, line 9, at end insert— |
| "( ) | It shall be a defence to any charge under subsection (1)(g) of an offence described wholly or partially by reference to the uses to which any goods, technology or technical assistance may be put that the person charged did not know and could not reasonably have been expected to know that there was a risk that the goods, technology or technical assistance in question would be put to such uses." |
| | THE LORD PHILLIPS OF SUDBURY
THE LORD REDESDALE |
| 25 | Page 5, line 10, leave out "may" |
| 26 | Page 5, line 11, at beginning insert "shall" |
| 27 | Page 5, line 12, at beginning insert "may" |
| 28 | Page 5, line 14, at beginning insert "may" |
| 29 | Page 5, line 18, at beginning insert "may" |
| 30 | Page 5, line 19, at beginning insert "may" |
| | THE LORD SAINSBURY OF TURVILLE |
| 31 | Page 5, line 19, after second "different" insert "cases and different" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 32 | Page 5, line 19, at end insert— |
| "(3) | No such order shall exclude the right of an applicant for a licence to apply to the High Court in appropriate cases for a judicial review of any refusal to grant such a licence or the imposition of any condition or conditions in such licence notwithstanding any other rights of appeal that may exist under this Act or any order made hereunder." |
| 33 | Page 5, line 19, at end insert— |
| "(4) | An order under any of the preceding provisions of this Act shall (unless there shall be in force a general order applying the requirements set out in subsection (3)) make provision— |
| (a) | for a prescribed form of application in which descriptive details of the goods or technology in question, their value and the identity and address of the proposed consignee, and if known, both the potential uses and the actual uses by the consignee are set out; |
| (b) | for the time after receipt of an application in which further information can be sought by the licensing authority to supplement the information contained in the application; |
| (c) | prescribing a time (which may be varied between different types of applications or between different types of goods and technology) after the receipt of the application and any further information when an application shall be deemed to have been granted unless refused; |
| (d) | for written reasons for refusal of any application to be given to the applicant, provided that if the refusal is for security reasons that fact should be stated, and details of either sort of reason shall contain sufficient information to enable the applicant, if so advised, to challenge the reasons on appeal; and |
| (e) | prescribing an appeals procedure, either by way of a hearing or by written representations or both, and for reasons for the dismissal of any appeal, subject to security considerations, to be made known to the exporter in writing. |
| (5) | In any case where a licence is deemed to have been granted pursuant to subsection (4)(c), the Secretary of State shall provide the applicant on request with a written document confirming that the export of the goods or technology is authorised." |
| 34 | Page 5, line 19, at end insert— |
| "( ) | The Secretary of State shall ensure that adequate financial provision is made for the granting and regulation of export licences for objects of cultural interest." |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 35 | Insert the following new Clause— |
| | "Temporary export licences |
| (1) | Any order which is made under section 1 shall include provision for the activity to be authorised by a temporary export licence. |
| (2) | A "temporary export licence" is one which authorises goods to leave the United Kingdom on a short-term temporary basis for the purposes of exhibition or demonstration during which time the goods remain under the control of the UK exporter. |
| (3) | Any application for a temporary export licence shall be granted within 20 working days from the lodging of the application (or such extended time as the applicant may agree) and if it shall not be so granted, unless it is refused it shall be deemed to have been granted and the provisions of section 6(5) shall apply." |
| | THE BARONESS ANELAY OF ST JOHNS |
| 36 | Page 6, line 8, at end insert "ending 31st December" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 37 | Page 6, line 12, at end insert— |
| (a) | indicate the number of licences granted within the target times and the number granted between the target time and three months thereafter and between the target time and more than six months thereafter; and |
| (b) | not include any details whatsoever of any temporary export licences." |
| | THE LORD REDESDALE
THE LORD PHILLIPS OF SUDBURY |
| 38 | Page 6, line 13, leave out "(1)" and insert "(1)(a)" |
| | THE BARONESS ANELAY OF ST JOHNS |
| 39 | Page 6, line 14, at end insert "and in any event no later than 3 months after the end of the year to which it relates" |
| 40 | Page 6, line 14, at end insert— |
| "( ) | In the event that the report is not published within three months after the expiry of the year to which it relates, the Secretary of State shall make a statement to Parliament as to the reasons for its late publication." |
| | THE LORD REDESDALE
THE LORD PHILLIPS OF SUDBURY |
| 41 | Page 6, line 14, at end insert— |
| "( ) | A report required by subsection (1)(b) shall be laid within 9 months after the end of the year to which it relates." |
| | THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF MANCHESTER |
| 42 | Insert the following new Clause— |
| | "Parliamentary Select Committee |
| | As part of the licence application process required by an order under section 1, 2, 3 or 4, the Secretary of State may take advice from a Parliamentary Select Committee." |
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